California, Redwood City

[palmspringsbum]

No forced meds for man deemed incompetent

By Kelly Pakula, STAFF WRITER
Inside Bay Area
Article Last Updated:12/14/2006 05:11:39 AM PST

REDWOOD CITY — A Belmont man who claims he is a medicinal marijuana caregiver will not be forced to take prescribed medications after he was found incompetent to stand trial.

Robert Simmons, 27, is charged with possession of marijuana for sale, cultivation of marijuana and sale of marijuana.

On Sept. 13, Simmons was admitted to the State Department of Mental Health after two doctors determined he was not competent to stand trial. At the time, Simmons refused to be medicated.

According to prosecutor Elizabeth Hill, in order to forcibly medicate defendants, prosecutors must prove they are not competent enough to make decisions about their medication and, when off the medication, possess a danger to themselves and others. Hill said it was determined Wednesday that Simmons' particular mental illness, which she declined to identify, doesn't meet those standards.

Simmons will be admitted to Napa State Hospital, where doctors will work to restore his competency. Doctors must give the court a progress report outlining Simmons' mental state in 90 days, Hill said.

Simmons was arrested May 3, 2005, by members of the San Mateo County Narcotics Task Force, who found 59 marijuana plants at his apartment on Continentals Way, said San Mateo County Chief Deputy District Attorney Steve Wagstaffe.

Simmons, a medicinal marijuana cardholder, claims he was dispensing marijuana to individuals with medical marijuana cards or doctor's notes permitting their use of marijuana for health purposes. Simmons operated under the name Cal Medical MJ Patients Association.

In a letter he posted on his MySpace.com page, Simmons wrote that he is a "state medical marijuana patient and have been running one of the few patient caregiving services from Daly City to Santa Cruz and beyond."

In reality, according to Wagstaffe, Simmons was peddling the drug to a variety of people, including recreational marijuana users.

"He wasn't doing it as part of medicinal marijuana. He was selling it to anybody," Wagstaffe said. "That's just not lawful."

Under Proposition 215, passed by voters in 1996, the state authorizes individuals or their primary caregiver to grow and possess marijuana for medicinal use if a doctor approves it.

According to San Mateo County Deputy Public Health Director John Conley, the acceptable amount of marijuana for one person to possess is six mature or 12 immature plants and 8 ounces of marijuana.

According to Conley, under county guidelines, Simmons would not have been permitted to serve as the primary caregiver for more than five people. As well, a caregiver must provide people with a significant amount of support, such as housing, food and medical care. He said simply giving someone marijuana does not make a person a caregiver.

According to William Dolphin, a spokesman for the Oakland-based medicinal marijuana advocacy group Americans for Safe Access, medicinal marijuana users like Simmons who grow their own marijuana often just want to help others in need of medicinal marijuana, regardless of rules or regulations.

"I am sure that the intent of San Mateo officials is to make sure people are not taking advantage of the law, that people are not growing more than they need for medical use," Dolphin said. "Patients and caregivers both have seen how it can help folks. They are more concerned with helping people and making sure patients are getting what they need than paying attention to local regulations."

Simmons' defense attorney, Myra Weiher, did not return a call for comment.


Staff writer Kelly Pakula can be reached at (650) 348-4339.